Criminal Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 57

 

THE BARONESS SCOTLAND OF ASTHAL

125Page 36, line 37, leave out "50 or"
126Page 36, line 37, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
127Page 36, line 38, leave out "in relation to a ruling"
128Page 36, line 38, leave out "or Part 2 of the 1968 Act" and insert—
"(ba)  an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,"
129Page 37, line 1, leave out from second "to" to end of line 2 and insert "an appeal mentioned in paragraph (b) or (ba)"
130Page 37, line 3, leave out "who made the ruling"
131Page 37, line 5, leave out "50 or"
132Page 37, line 5, after "51," insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
133Page 37, line 34, leave out "50 or"
134Page 37, line 34, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
135Page 37, line 35, leave out "in relation to a ruling"
136Page 37, line 35, leave out "or Part 2 of the 1968 Act" and insert—
"(ba)  an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,"
137Page 37, line 37, leave out from second "to" to end of line 38 and insert "an appeal mentioned in paragraph (b) or (ba)"
 

After Clause 58

 

THE BARONESS SCOTLAND OF ASTHAL

138Insert the following new Clause—
  "Rules of court
(1)  Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
(2)  Without limiting subsection (1), rules of court may in particular make provision—
(a)  for time limits which are to apply in connection with any provisions of this Part,
(b)  as to procedures to be applied in connection with this Part,
(c)  enabling a single judge of the Court of Appeal to give leave to appeal under this Part or to exercise the power of the Court of Appeal under section 49(8).
(3)  Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court."
 

Clause 59

 

THE BARONESS SCOTLAND OF ASTHAL

139Page 39, line 24, at end insert—
 ""qualifying evidentiary ruling" is to be construed in accordance with section (Appeals in respect of evidentiary rulings)(2),
 "the relevant condition" is to be construed in accordance with section (Condition that evidentiary ruling significantly weakens prosecution case)(2) and (3)."
140Page 39, leave out line 26 and insert—
 ""ruling" includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement,"
141Page 39, line 27, at end insert—
"(1A)  Any reference in this Part (other than section (Rules of court)(2)(c)) to a judge is a reference to a judge of the Crown Court."
(1B)  There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either section 49(3) or (Appeals in respect of evidentiary rulings)(5)."
142Page 39, line 32, leave out subsection (3)
 

Clause 60

 

THE LORD LLOYD OF BERWICK

143Page 40, line 35, leave out subsection (6)
 

Schedule 4

 

THE BARONESS SCOTLAND OF ASTHAL

144Page 219, line 7, leave out paragraph 5
145Page 219, line 13, leave out "or 2"
146Page 219, line 17, leave out "or 2"
147Page 219, line 22, at end insert—
 

"Assault by penetration

      An offence under section 2 of the Sexual Offences Act 2003.
 

Causing a person to engage in sexual activity without consent

      An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.
 

Rape of a child under 13

      An offence under section 5 of the Sexual Offences Act 2003.
 

Attempted rape of a child under 13

      An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.
 

Assault of a child under 13 by penetration

      An offence under section 6 of the Sexual Offences Act 2003.
 

Causing or inciting a child under 13 to engage in sexual activity

      An offence under section 8 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
 

Sexual activity with a person with a mental disorder

      An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (4)(a) to (d) of that section.
 

Causing or inciting a person with a mental disorder to engage in sexual activity

      An offence under section 32 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (4)(a) to (d) of that section was caused."
148Page 220, line 10, leave out paragraph 15
149Page 220, line 15, leave out paragraph 16
150Page 221, line 7, leave out paragraphs 24 to 30
151Page 222, line 15, leave out paragraph 36
152Page 223, line 19, leave out paragraph 46
153Page 223, line 24, leave out paragraph 47
154Page 224, line 15, leave out paragraphs 55 to 61
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

155Leave out Schedule 4 and insert the following new Schedule—
 

"SCHEDULE 4
QUALIFYING OFFENCES FOR PURPOSES OF PART 10
PART 1
LIST OF OFFENCES FOR ENGLAND AND WALES

 

Murder

 1      Murder.
 

Soliciting murder

 2      An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (conspiring or soliciting to commit murder).
 

Genocide, crimes against humanity and war crimes

 3      An offence under section 51 (genocide, crimes against humanity and war crimes) or 52 (conduct ancillary to genocide, etc committed outside jurisdiction) of the International Criminal Court Act 2001 (c. 17).
 

PART 2
LIST OF OFFENCES FOR NORTHERN IRELAND

 

Murder

 4      Murder.
 

Soliciting murder

 5      An offence under section 4 of the Offences against the Person Act 1861 (c. 100).
 

Genocide, crimes against humanity and war crimes

 6      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
 

PART 3
SUPPLEMENTARY

 7      A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time."
 

Clause 61

 

THE BARONESS SCOTLAND OF ASTHAL

156Page 41, line 16, leave out "and"
157Page 41, line 17, at end insert ", and
"(   )  any trial pursuant to an order on the application would not be inconsistent with obligations of the United Kingdom under Article 31 or 34 of the Treaty on European Union relating to the principle of ne bis in idem."
 

Clause 63

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

158Page 41, line 36, at end insert "scientific"
159Page 41, line 40, at end insert—
"(   )  Subsection (2) does not apply to evidence which was discoverable by reasonable and diligent inquiry before or at the proceedings in which the person was acquitted."
 

After Clause 67

 

THE BARONESS SCOTLAND OF ASTHAL

160Insert the following new Clause—
  "Offences in connection with publication restrictions
(1)  This section applies if—
(a)  an order under section 67 is made, whether in England and Wales or Northern Ireland, and
(b)  while the order has effect, any matter is included in a publication, in any part of the United Kingdom, in contravention of the order.
(2)  Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
(3)  Where the publication is a relevant programme—
(a)  any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and
(b)  any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
  is guilty of an offence.
(4)  In the case of any other publication, any person publishing it is guilty of an offence.
(5)  If an offence under this section committed by a body corporate is proved—
(a)  to have been committed with the consent or connivance of, or
(b)  to be attributable to any neglect on the part of,
  an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(6)  In subsection (5), "officer" means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(7)  If the affairs of a body corporate are managed by its members, "director" in subsection (6) means a member of that body.
(8)  Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(9)  A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10)  Proceedings for an offence under this section may not be instituted—
(a)  in England and Wales otherwise than by or with the consent of the Attorney General, or
(b)  in Northern Ireland otherwise than by or with the consent of—
(i)  before the relevant date, the Attorney General for Northern Ireland, or
(ii)  on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.
(11)  In subsection (10) "the relevant date" means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force."
 

Clause 68

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

161Page 45, line 1, after "be" insert "for the qualifying offence"
162Page 45, line 17, leave out subsection (5)

 
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28 October 2003